PICTOU, N.S. — Sentencing for David Oakley has been adjourned until Nov. 12.
In February, 2019 seven dead puppies and a dead dog were removed from a Pictou County property where Oakley was living at the time. Two other dogs were also removed, one with severe injuries.
Oakley was scheduled for sentencing on Oct. 1 for three counts of causing undue suffering to animals under section 445 of the Criminal Code.
He pled guilty to those charges on June 10, and the sentencing was scheduled for Oct. 1, 2019.
However, two new charges that are in relation to the same incident have now led to further delays in sentencing.
The new charges, also under section 445, pertain to when a person, kills, maims or wounds, a lawfully owned animal.
Oakley is alleged to have killed and injured his dogs deliberately, and with the use of an axe. He was formally arraigned on those new charges on Sept. 30, and a plea hearing was set over to Nov. 4.
On Oct. 1, the day of sentencing for the original charges, Oakley’s lawyer, Elizabeth Cooper, argued that the sentencing should be moved to a later date in order for her to have access to all necessary information pertaining to her client’s case
Cooper argued that since the new charges stem from the same incident in February, then the currently scheduled sentencing could conflate the new charges with the old and therefore put Oakley in legal jeopardy.
Judge Del Atwood determined this was a legitimate concern, and moved the sentencing for the original charges to Nov. 12.
Withdrawn Guilty Plea
At an earlier court appearance on July 24, Elizabeth Cooper asked if the court could withdraw the original June 10 guilty plea.
A necropsy report of the dogs that Oakley is alleged to have killed was made available to her, and she cited personal reasons for why she was not able to see the information before June 10 when her client pled guilty.
At that time, Atwood informed Cooper that she must first file a formal application to withdraw the guilty plea in order for the court to consider it.
No written application was ever submitted by Cooper however.
“Here we are again, two and a half months later and still no application to withdraw the guilty pleas,” said crown prosecutor Jody McNeill on Oct. 1.
McNeill told the court that he was ready to proceed on sentencing for the original three charges, and would even consider dropping the new charges if sentencing could proceed on Oct. 1, as scheduled.
Atwood agreed to give Cooper more time to submit the formal application to withdraw the guilty plea.
The application, Atwood told Cooper, will need to be submitted by Oct. 7.
If the court does not receive the documents by that date, then he said the court will proceed with sentencing on Nov. 12.
During the proceedings Oakley appeared expressionless in the front bench of the courtroom.
The case has gained the attention of animal rights advocates who want to see harsher penalties given to people who abuse animals.
Atwood thanked those in attendance on Oct. 1, for their interest in the court process, but also cautioned them that no intimidation or threats to Oakley would be tolerated in the courthouse, saying that Oakley is entitled to the court’s protection from “any form of interference or intimidation.”
